Digital Only Subscription
Read the digital e-Edition of The Standard-Speaker on your PC or mobile device, and have 24/7 access to breaking news, local sports, contests, and more at standardspeaker.com or on our mobile apps.

Digital Services
Have news alerts sent to your mobile device or email, read the e-Edition, sign up for daily newsletters, activate your all access, enter contests, take quizzes, download our mobile apps and see the latest e-circulars.

Article Tools

A Dauphin County ruling that casts doubt on the accuracy of breathalyzer machines to prove whether someone is driving drunk has forced state police and law enforcement statewide - including in Luzerne County - to temporarily suspend using the device until the state Superior Court weighs in.

While many police departments have switched to blood tests to measure intoxication, there are still departments that require drivers to breathe into a machine stationed at their headquarters.

Dauphin County Judge Lawrence F. Clark Jr. questioned the reliability of one specific breathalyzer model to accurately measure blood-alcohol concentration over 0.15 percent, leading to the dismissal of several DUI cases in his county.

Since the decision was issued in December, law enforcement officials have moved to suspend using breathalyzer machines until the appellate court takes up the issue, said Justin McShane, a Harrisburg defense attorney who successfully argued the case challenging the devices.

"It really calls into question the validity of breath testing. It's not science. It's not even close to science," McShane said.

The judge's decision does not apply to other counties and does not address portable devices police carry to gauge DUI.

It is unclear how many other cases may be dismissed or upheld across the state.

So far, it appears to have no bearing on police departments that use blood tests instead of the machine.

In Lackawanna County, breathalyzer machines are not used - neither by state police or local police, officials said. And while officers can do roadside intoxication tests with portable devices, they are only used to get another "clue" as to whether someone is drunk and not used for prosecution purposes, Deputy District Attorney Robert Klein said.

Instead, suspects are taken to the county DUI processing center to have their blood drawn unless they refuse, which can lead to more penalties, Klein said.

The ruling "doesn't have any impact on Lackawanna County at all," he said.

Joe D'Andrea, a local defense attorney, said he has no cases he would consider appealing because of the ruling.

"It's almost a non-issue here," D'Andrea said.

Until the appellate court issues a decision, Luzerne County officials temporarily suspended taking drivers to its DUI processing center because they use a breathalyzer machine, county DUI coordinator Joe Swortz said.

For state police, it generally depends on the county they are in, said Trooper Adam Reed, an agency spokesman.

Troopers stationed in Gibson in Susquehanna County, in Blooming Grove in Pike County and in Honesdale in Wayne County will no longer use breath testing until the state appellate court rules, Trooper Reed said. For now, suspected drunk drivers will be taken to hospitals for blood testing, he said.

We welcome user discussion on our site, under the following guidelines:

To comment you must first create a profile and sign-in with a verified DISQUS account or social network ID. Sign up here.

Comments in violation of the rules will be denied, and repeat violators will be banned. Please help police the community by flagging offensive comments for our moderators to review. By posting a comment, you agree to our full terms and conditions. Click here to read terms and conditions.